STUDY OF TRADEMARK
Trademark
INTRODUCTION
A trademark (also written trade mark or trade-mark) is a type of intellectual property consisting of a recognizable sign, design, or expression which identifies products or services of a particular source from those of others, although trademarks used to identify services are usually called service marks.
TYPES OF TRADEMARKS
There are four categories of trademarks:
(1) fanciful or arbitrary:Fanciful or arbitrary marks are made-up words or real words that have no relationship to the good or service supplied, respectively. These are the strongest types of marks and are afforded all protection. For example APLLE is used for apple company and TATA STEEL.
(2) suggestive:Suggestive marks suggest the qualities or attributes of a good or service. These marks differ from descriptive marks in that they do not actually describe the product but merely suggest an attribute that requires some thought or perception on the part of the consumer. For example TRANSPORT SERVICE.
(3) descriptive:Descriptive marks use terms that merely describe the good or service. This might be a mark that utilizes the color, smell, or ingredients of a good or service.For example SOFT is used to describe Towels.
(4) generic. :Generic marks are marks that use common, everyday terms that everybody has the right to USE. Generic mark will describe the particular class or variety of which the good or service is a member. For example AUTOMOBIE is used for the term car.
- It identifies the product and it's origin.
- It proposes to guarantee its quality.
- It advertises the product. The trademark represents the product.
- It creates an image of the product in the minds of the public particularly the consumers or the prospective consumers of such goods.
Who Can Apply For a Trademark?
In the Trademark Registration form, the person whose name is mentioned as the applicant will be declared as the owner of the trademark once the trademark is successfully registered. Any individual, a company and an LLP can be an applicant and may file the application for the registration of the particular trademark.
How to Register a Trademark
Registration of a trademark is done by the registry of the trademarks. When you plan on registering a trademark there are a few steps involved.
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Choosing a trademark:
Remember to choose a unique and distinctive mark it will represent your company. The other important point is identifying which class you belong to. Currently, there are 45 classes of goods and services under which the trademark can be registered. Classes 1-34 are for goods and classes 35-45 are for service. You can find the class list here
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Mark search:
Once you have chosen your mark it is advisable to conduct a search to check whether your chosen mark is similar to an already registered mark. You can either do this yourself by going to the online website of the Controller general of patents, designs and trademarks. On the website, you can find an option to do a public search. Once click on this option you need to choose your class and search the online database.
The other option is to get legal services, although you will have to pay for it is the safer option.
Overall legal services will cost lesser in case your trademark is objected against. Not only will they do the search they will also help you with the whole process. -
Filing application:
There are two options you can take while filing for a trademark.
– File for a trademark under “one” class. Meaning the trademark will be registered only for the specific class that you have chosen. In this case, you have to fill in form TM-1. The fee payable for the filing of form TM-1 is rupees 3,500. You can find all the amounts payable for the corresponding forms here
– The other option is to file for multiple classes or series trademark, or collective trademark. For this, you have to fill in form TM-A. This form allows you to register the trademark beyond one class
Registration
Once your trademark is approved the registry will give you a trademark registration certificate. This will officially confirm that your trademark has been registered and is now protected. The registration will be valid for 10 years from the date of the filing of the application. After this period you can renew the trademark again. Renewal can be done indefinitely.
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